AN ACT concerning the state board of technical
professions; changing the name of the board to the state board of
professional engineers, architects, land surveyors and landscape
architects; relating to certain fees; licenses by reciprocity;
application to certain practices and per- sons; amending K.S.A.
12-1511, 12-1528, 12-1544, 31-150, 58-1314, 74-7008, 74-7009,
74-7024, 74-7035, 74-7036, 74-7037 and 74-7039 and K.S.A. 1996
Supp. 44-508, 74-7003, 74-7004, 75-1251 and
75-3717 and repealing the existing sections.[AN
ACT concerning abortions; amending[K.S.A. 65-6701
and]K.S.A. 1996 Supp. 65-6703 and repealing the
existingsection[sections].]

----------------------------------------------------------------------------
Be it enacted by the Legislature of the State of Kansas:Section 1. K.S.A. 12-1511 is hereby amended to read as follows: 12-
1511. Nothing in this act shall be construed to allow any person, firm,
corporation, partnership, association or combination thereof to engage in
the practice of engineering as defined by K.S.A. 74-7003 and amend-
ments thereto without having first received a license or authorization to
practice engineering by the Kansas state board of technical professions
professional engineers, architects, land surveyors and, landscape archi-
tects and other technical professions.
Sec. 2. K.S.A. 12-1528 is hereby amended to read as follows: 12-
1528. Nothing in this act shall be construed to allow any person, firm,
corporation, partnership, association or combination thereof to engage in
the practice of engineering as defined by K.S.A. 74-7003 and amend-
ments thereto without having first received a license or authorization to
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1 practice engineering by the Kansas state board of technical professions
2 professional engineers, architects, land surveyors and, landscape archi-
3 tects and other technical professions.
4 Sec. 3. K.S.A. 12-1544 is hereby amended to read as follows: 12-
5 1544. Nothing in this act shall be construed to allow any person, firm,
6 corporation, partnership, association or combination thereof to engage in
7 the practice of any of the technical professions as defined by K.S.A. 74-
8 7003 and amendments thereto without having first received a license or
9 authorization to engage in such practice by the Kansas state board of
10 technical professions professional engineers, architects, land surveyors
11 and, landscape architects and other technical professions.
12 Sec. 4. K.S.A. 31-150 is hereby amended to read as follows: 31-150.
13 (a) Except as otherwise provided in subsection (b), the construction of
14 school buildings shall comply with the requirements of the 1985 edition
15 of the uniform building code, volume I, and the 1985 edition of the uni-
16 form mechanical code, of the international conference of building offi-
17 cials. All electric wiring shall conform to requirements of the 1984 issue
18 of the national electric code of the national fire protection association.
19 Minimum plumbing requirements shall meet the 1985 edition of the uni-
20 form plumbing code issued by the international association of plumbing
21 and mechanical officials.
22 (b) The construction of mobile, modular, portable or relocatable
23 school buildings shall conform to the requirements of the 1985 edition
24 of the life safety code as adopted by the national fire protection associa-
25 tion. Minimum plumbing requirements shall meet the 1985 edition of
26 the uniform plumbing code issued by the international association of
27 plumbing and mechanical officials.
28 (c) The construction of all school buildings shall conform to the pro-
29 visions for making buildings and facilities accessible to, and usable by,
30 persons with a disability, as required by K.S.A. 58-1301 through 58-1311,
31 and amendments thereto.
32 (d) No contract shall be let for the construction of any school build-
33 ing, and it shall be illegal to pay out any public funds for the construction
34 of a school building until the plans for such building shall:
35 (1) Bear the seal of an architect or a professional engineer licensed
36 by the state board of technical professions professional engineers, archi-
37 tects, land surveyors and, landscape architects and other technical pro-
38 fessions of the state of Kansas certifying that the plans meet the appli-
39 cable requirements of this act; and
40 (2) be submitted to the state board of education for approval as to
41 compliance with such requirements.
42 (e) The provisions of subsections (c) and (d) of this section shall not
43 apply to any building or structure operated or used for any purpose by,
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1 or located upon the land of any institution under the control and super-
2 vision of the state board of regents.
3 (f) The relocation of school buildings to which the provisions of sub-
4 section (b) apply shall not be construed to be construction or reconstruc-
5 tion under the provisions, or for the purposes, of this section.
6 (g) The construction or reconstruction of any school building to
7 which the provisions of this section were applicable prior to January 26,
8 1992, shall be governed by the provisions of this section which were in
9 effect on the date the contract for such construction or reconstruction
10 was entered into.
11 (h) The state fire marshal shall adopt rules and regulations specifying
12 those subsequent editions of the codes enumerated in subsections (a) and
13 (b) which the state fire marshal has determined provide protection equiv-
14 alent to those editions specified herein. Compliance with any subsequent
15 edition specified by such rules and regulations shall be considered com-
16 pliance with the edition of the code specified by this section.
17 Sec. 5. K.S.A. 1996 Supp. 44-508 is hereby amended to read as fol-
18 lows: 44-508. As used in the workers compensation act:
19 (a) ``Employer'' includes:
20 (1) Any person or body of persons, corporate or unincorporate, and
21 the legal representative of a deceased employer or the receiver or trustee
22 of a person, corporation, association or partnership;
23 (2) the state or any department, agency or authority of the state, any
24 city, county, school district or other political subdivision or municipality
25 or public corporation and any instrumentality thereof; and
26 (3) for the purposes of community service work, the entity for which
27 the community service work is being performed and the governmental
28 agency which assigned the community service work, if any, if either such
29 entity or such governmental agency has filed a written statement of elec-
30 tion with the director to accept the provisions under the workers com-
31 pensation act for persons performing community service work and in such
32 case such entity and such governmental agency shall be deemed to be
33 the joint employer of the person performing the community service work
34 and both shall have the rights, liabilities and immunities provided under
35 the workers compensation act for an employer with regard to the com-
36 munity service work, except that the liability for providing benefits shall
37 be imposed only on the party which filed such election with the director,
38 or on both if both parties have filed such election with the director; for
39 purposes of community service work, ``governmental agency'' shall not
40 include any court or any officer or employee thereof and any case where
41 there is deemed to be a ``joint employer'' shall not be construed to be a
42 case of dual or multiple employment.
43 (b) ``Workman'' or ``employee'' or ``worker'' means any person who
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1 has entered into the employment of or works under any contract of serv-
2 ice or apprenticeship with an employer. Such terms shall include but not
3 be limited to: Executive officers of corporations; professional athletes;
4 persons serving on a volunteer basis as duly authorized law enforcement
5 officers, ambulance attendants, mobile intensive care technicians, fire-
6 fighters, but only to the extent and during such periods as they are so
7 serving in such capacities; persons employed by educational, religious and
8 charitable organizations, but only to the extent and during the periods
9 that they are paid wages by such organizations; persons in the service of
10 the state, or any department, agency or authority of the state, any city,
11 school district, or other political subdivision or municipality or public
12 corporation and any instrumentality thereof, under any contract of serv-
13 ice, express or implied, and every official or officer thereof, whether
14 elected or appointed, while performing official duties; persons in the serv-
15 ice of the state as volunteer members of the Kansas department of civil
16 air patrol, but only to the extent and during such periods as they are
17 officially engaged in the performance of functions specified in K.S.A. 48-
18 3302 and amendments thereto; volunteers in any employment, if the em-
19 ployer has filed an election to extend coverage to such volunteers; minors,
20 whether such minors are legally or illegally employed; and persons per-
21 forming community service work, but only to the extent and during such
22 periods as they are performing community service work and if an election
23 has been filed an election to extend coverage to such persons. Any ref-
24 erence to an employee who has been injured shall, where the employee
25 is dead, include a reference to the employee's dependents, to the em-
26 ployee's legal representatives, or, if the employee is a minor or an inca-
27 pacitated person, to the employee's guardian or conservator. Unless there
28 is a valid election in effect which has been filed as provided in K.S.A. 44-
29 542a and amendments thereto, such terms shall not include individual
30 employers, limited or general partners or self-employed persons.
31 (c) (1) ``Dependents'' means such members of the employee's family
32 as were wholly or in part dependent upon the employee at the time of
33 the accident.
34 (2) ``Members of a family'' means only surviving legal spouse and
35 children; or if no surviving legal spouse or children, then parents or grand-
36 parents; or if no parents or grandparents, then grandchildren; or if no
37 grandchildren, then brothers and sisters. In the meaning of this section,
38 parents include stepparents, children include stepchildren, grandchildren
39 include stepgrandchildren, brothers and sisters include stepbrothers and
40 stepsisters, and children and parents include that relation by legal adop-
41 tion. In the meaning of this section, a surviving spouse shall not be re-
42 garded as a dependent of a deceased employee or as a member of the
43 family, if the surviving spouse shall have for more than six months willfully
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1 or voluntarily deserted or abandoned the employee prior to the date of
2 the employee's death.
3 (3) ``Wholly dependent child or children'' means:
4 (A) A birth child or adopted child of the employee except such a child
5 whose relationship to the employee has been severed by adoption;
6 (B) a stepchild of the employee who lives in the employee's house-
7 hold;
8 (C) any other child who is actually dependent in whole or in part on
9 the employee and who is related to the employee by marriage or consan-
10 guinity; or
11 (D) any child as defined in subsections (3)(A), (3)(B) or (3)(C) who
12 is less than 23 years of age and who is not physically or mentally capable
13 of earning wages in any type of substantial and gainful employment or
14 who is a full-time student attending an accredited institution of higher
15 education or vocational education.
16 (d) ``Accident'' means an undesigned, sudden and unexpected event
17 or events, usually of an afflictive or unfortunate nature and often, but not
18 necessarily, accompanied by a manifestation of force. The elements of an
19 accident, as stated herein, are not to be construed in a strict and literal
20 sense, but in a manner designed to effectuate the purpose of the workers
21 compensation act that the employer bear the expense of accidental injury
22 to a worker caused by the employment.
23 (e) ``Personal injury'' and ``injury'' mean any lesion or change in the
24 physical structure of the body, causing damage or harm thereto, so that
25 it gives way under the stress of the worker's usual labor. It is not essential
26 that such lesion or change be of such character as to present external or
27 visible signs of its existence. An injury shall not be deemed to have been
28 directly caused by the employment where it is shown that the employee
29 suffers disability as a result of the natural aging process or by the normal
30 activities of day-to-day living.
31 (f) (1) The words ``arising out of and in the course of employment''
32 as used in the workers compensation act shall not be construed to include
33 injuries to the employee occurring while the employee is on the way to
34 assume the duties of employment or after leaving such duties, the prox-
35 imate cause of which injury is not the employer's negligence. An em-
36 ployee shall not be construed as being on the way to assume the duties
37 of employment or having left such duties at a time when the worker is
38 on the premises of the employer or on the only available route to or from
39 work which is a route involving a special risk or hazard and which is a
40 route not used by the public except in dealings with the employer. An
41 employee shall not be construed as being on the way to assume the duties
42 of employment, if the employee is a provider of emergency services re-
43 sponding to an emergency.
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1 (2) The words, ``arising out of and in the course of employment'' as
2 used in the workers compensation act shall not be construed to include
3 injuries to employees while engaged in recreational or social events under
4 circumstances where the employee was under no duty to attend and
5 where the injury did not result from the performance of tasks related to
6 the employee's normal job duties or as specifically instructed to be per-
7 formed by the employer.
8 (g) ``Burden of proof'' means the burden of a party to persuade the
9 trier of facts by a preponderance of the credible evidence that such party's
10 position on an issue is more probably true than not true on the basis of
11 the whole record.
12 (h) ``Director'' means the director of workers compensation as pro-
13 vided for in K.S.A. 75-5708 and amendments thereto.
14 (i) ``Health care provider'' means any person licensed, by the proper
15 licensing authority of this state, another state or the District of Columbia,
16 to practice medicine and surgery, osteopathy, chiropractic, dentistry, op-
17 tometry, podiatry or psychology.
18 (j) ``Secretary'' means the secretary of human resources.
19 (k) ``Construction design professional'' means any person who is an
20 architect, professional engineer, landscape architect or land surveyor who
21 has been issued a license by the state board of technical professions pro-
22 fessional engineers, architects, land surveyors and landscape architects
23 technical professions to practice such technical profession in Kansas or
24 any corporation organized to render professional services through the
25 practice of one or more of such technical professions in Kansas under the
26 professional corporation law of Kansas or any corporation issued a certif-
27 icate of authorization under K.S.A. 74-7036 and amendments thereto to
28 practice one or more of such technical professions in Kansas.
29 (l) ``Community service work'' means:
30 (1) Public or community service performed as a result of a contract
31 of diversion or of assignment to a community corrections program or
32 conservation camp or suspension of sentence or as a condition of pro-
33 bation or in lieu of a fine imposed by court order; or
34 (2) public or community service or other work performed as a re-
35 quirement for receipt of any kind of public assistance in accordance with
36 any program administered by the secretary of social and rehabilitation
37 services.
38 (m) ``Utilization review'' means the initial evaluation of appropriate-
39 ness in terms of both the level and the quality of health care and health
40 services provided a patient, based on accepted standards of the health
41 care profession involved. Such evaluation is accomplished by means of a
42 system which identifies the utilization of health care services above the
43 usual range of utilization for such services, which is based on accepted
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1 standards of the health care profession involved, and which refers in-
2 stances of possible inappropriate utilization to the director for referral to
3 a peer review committee.
4 (n) ``Peer review'' means an evaluation by a peer review committee
5 of the appropriateness, quality and cost of health care and health services
6 provided a patient, which is based on accepted standards of the health
7 care profession involved and which is conducted in conjunction with util-
8 ization review.
9 (o) ``Peer review committee'' means a committee composed of health
10 care providers licensed to practice the same health care profession as the
11 health care provider who rendered the health care services being re-
12 viewed.
13 (p) ``Group-funded self-insurance plan'' includes each group-funded
14 workers compensation pool, which is authorized to operate in this state
15 under K.S.A. 44-581 through 44-592 and amendments thereto, each mu-
16 nicipal group-funded pool under the Kansas municipal group-funded pool
17 act which is covering liabilities under the workers compensation act, and
18 any other similar group-funded or pooled plan or arrangement that pro-
19 vides coverage for employer liabilities under the workers compensation
20 act and is authorized by law.
21 (q) On and after the effective date of this act, ``workers compensation
22 board'' or ``board'' means the workers compensation board established
23 under K.S.A. 1996 Supp. 44-555c and amendments thereto.
24 Sec. 6. K.S.A. 58-1314 is hereby amended to read as follows: 58-
25 1314. No electric utility shall connect or change permanent electrical
26 service to any public building the plans for which have been prepared by
27 an architect or engineer, or both, licensed by the state board of technical
28 professions professional engineers, architects, land surveyors and, land-
29 scape architects and other technical professions unless the owner
30 thereof provides to the electric utility a certificate of compliance with the
31 maximum lighting standards established pursuant to K.S.A. 58-1313 and
32 amendments thereto which is executed by such architect or engineer.
33 The electric utility shall submit a copy of each such certificate of com-
34 pliance to the state corporation commission.
35 Sec. 7. K.S.A. 1996 Supp. 74-7003 is hereby amended to read as
36 follows: 74-7003. As used in this act:
37 (a) ``Technical professions'' includes the professions of engineering,
38 land surveying, architecture and landscape architecture as the practice of
39 such professions are defined in this act.
40 (b) ``Board'' means the state board of technical professions profes-
41 sional engineers, architects, land surveyors and landscape architects tech-
42 nical professions.
43 (c) ``License'' means a license to practice the technical professions
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1 granted under this act.
2 (d) ``Architect'' means a person whose practice consists of:
3 (1) Rendering services or performing creative work which requires
4 architectural education, training and experience, including services and
5 work such as consultation, evaluation, planning, providing preliminary
6 studies and designs, overall interior and exterior building design, the
7 preparation of drawings, specifications and related documents, all in con-
8 nection with the construction or erection of any private or public building,
9 building project or integral part or parts of buildings or of any additions
10 or alterations thereto, or other services and instruments of services related
11 to architecture;
12 (2) representation in connection with contracts entered into between
13 clients and others; and
14 (3) observing the construction, alteration and erection of buildings.
15 (e) ``Practice of architecture'' means the rendering of or offering to
16 render certain services, as described in subsection (d), in connection with
17 the design and construction or alterations and additions of a building or
18 buildings; the design and construction of items relating to building code
19 requirements, as they pertain to architecture, and other building related
20 features affecting the public's health, safety and welfare; the preparation
21 and certification of any architectural design features that are required on
22 plats; and the teaching of architecture by a licensed architect in a college
23 or university offering an approved architecture curriculum of four years
24 or more.
25 (f) ``Landscape architect'' means a person who is professionally qual-
26 ified as provided in this act to engage in the practice of landscape archi-
27 tecture, who practices landscape architecture and who is licensed by the
28 board.
29 (g) ``Practice of landscape architecture'' means the performing of pro-
30 fessional services such as consultation, planning, designing or responsible
31 supervision in connection with the development of land areas for pres-
32 ervation and enhancement; the designing of land forms and nonhabitable
33 structures for aesthetic and functional purposes such as pools, walls and
34 structures for outdoor living spaces for public and private use; the prep-
35 aration and certification of any landscape architectural design features
36 that are required on plats; and the teaching of landscape architecture by
37 a licensed landscape architect in a college or university offering an ap-
38 proved landscape architecture curriculum of four years or more. It en-
39 compasses the determination of proper land use as it pertains to: Natural
40 features; ground cover, use, nomenclature and arrangement of plant ma-
41 terial adapted to soils and climate; naturalistic and aesthetic values; set-
42 tings and approaches to structures and other improvements; soil conser-
43 vation erosion control; drainage and grading; and the development of
HB 2509--Am. by H on FA

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1 outdoor space in accordance with ideals of human use and enjoyment.
2 (h) ``Professional engineer'' means a person who is qualified to prac-
3 tice engineering by reason of special knowledge and use of the mathe-
4 matical, physical and engineering sciences and the principles and methods
5 of engineering analysis and design, acquired by engineering education
6 and engineering experience, who is qualified as provided in this act to
7 engage in the practice of engineering and who is licensed by the board.
8 (i) ``Practice of engineering'' means any service or creative work, the
9 adequate performance of which requires engineering education, training
10 and experience in the application of special knowledge of the mathemat-
11 ical, physical and engineering sciences to such services or creative work
12 as consultation, investigation, evaluation, planning and design of engi-
13 neering works and systems, the teaching of engineering by a licensed
14 professional engineer in a college or university offering an approved en-
15 gineering curriculum of four years or more, engineering surveys and stud-
16 ies, the observation of construction for the purpose of assuring compli-
17 ance with drawings and specifications, representation in connection with
18 contracts entered into between clients and others and the preparation
19 and certification of any engineering design features that are required on
20 plats; any of which embraces such service or work, either public or private,
21 for any utilities, structures, buildings, machines, equipment, processes,
22 work systems, projects and industrial or consumer products or equipment
23 of a mechanical, electrical, hydraulic, pneumatic or thermal nature, in-
24 sofar as they involve safeguarding life, health or property. As used in this
25 subsection, ``engineering surveys'' includes all survey activities required
26 to support the sound conception, planning, design, construction, main-
27 tenance and operation of engineered projects, but excludes the surveying
28 of real property for the establishment of land boundaries, rights-of-way,
29 easements and the dependent or independent surveys or resurveys of the
30 public land survey system.
31 (j) ``Land surveyor'' means any person who is engaged in the practice
32 of land surveying as provided in this act and who is licensed by the board.
33 (k) ``Practice of land surveying'' includes:
34 (1) The performance of any professional service, the adequate per-
35 formance of which involves the application of special knowledge and ex-
36 perience in the principles of mathematics, the related physical and ap-
37 plied sciences, the relevant requirements of law and the methods of
38 surveying measurements in measuring and locating of lines, angles, ele-
39 vation of natural and man-made features in the air, on the surface of the
40 earth, within underground workings and on the bed of bodies of water
41 for the purpose of determining areas, volumes and monumentation of
42 property boundaries;
43 (2) the preparation of plats of land and subdivisions thereof, including
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1 the topography, rights-of-way, easements and any other boundaries that
2 affect rights to or interests in land, but excluding features requiring en-
3 gineering or architectural design;
4 (3) the preparation of the original descriptions of real property for
5 the conveyance of or recording thereof and the preparation of maps, plats
6 and field note records that represent these surveys;
7 (4) the reestablishing of missing government section corners in ac-
8 cordance with government surveys; and
9 (5) the teaching of land surveying by a licensed land surveyor in a
10 college or university offering an approved land surveying curriculum of
11 four years or more.
12 (l) ``Person'' means a natural person, firm, corporation or partnership.
13 (m) ``Plat'' means a diagram drawn to scale showing all essential data
14 pertaining to the boundaries and subdivisions of a tract of land, as deter-
15 mined by survey or protraction. A plat should show all data required for
16 a complete and accurate description of the land which it delineates, in-
17 cluding the bearings (or azimuths) and lengths of the boundaries of each
18 subdivision.
19 Sec. 8. K.S.A. 1996 Supp. 74-7004 is hereby amended to read as
20 follows: 74-7004. (a) For the purpose of administering the provisions of
21 this act and in order to establish and maintain a high standard of integrity,
22 skills and practice in the technical professions and to safeguard the life,
23 health, property and welfare of the public, the governor shall appoint a
24 state board of technical professions professional engineers, architects,
25 land surveyors and, landscape architects and other technical profes-
26 sions consisting of 13 members. At least 30 days prior to the expiration
27 of any term other than that of the member appointed from the general
28 public, professional societies and associations which are respectively rep-
29 resentative of each branch of the technical professions may submit to the
30 governor a list of three or more names of persons of recognized ability
31 who have the qualifications prescribed for board members for appoint-
32 ment from that branch of the technical professions. The governor shall
33 consider the list of persons in making the appointment to the board. In
34 case of a vacancy in the membership of the board, other than that of the
35 member appointed from the general public, for any reason other than
36 the expiration of a term of office, the governor shall appoint a qualified
37 successor to fill the unexpired term. In making the appointment the gov-
38 ernor shall give consideration to the list of persons last submitted.
39 (b) The name of the state board of technical professions is hereby
40 changed to the state board of professional engineers, architects, land sur-
41 veyors and, landscape architects and other technical professions. All
42 properties, moneys, appropriations, rights and authorities now vested in
43 the state board of technical professions shall be vested in the state board
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1 of professional engineers, architects, land surveyors and, landscape ar-
2 chitects and other technical professions. Whenever the state board of
3 technical professions, or words of like effect, is referred to or designated
4 by any statute, contract or other document, such reference or designation
5 shall be deemed to apply to the state board of professional engineers,
6 architects, land surveyors and, landscape architects and other technical
7 professions.
8 Sec. 9. K.S.A. 74-7008 is hereby amended to read as follows: 74-
9 7008. (a) The board may appoint an executive director [and an assistant
10 executive director] who shall be in the unclassified service of the Kansas
11 civil service act and shall receive an annual salary fixed by the board.
12 (b) Members of the state board of technical professions professional
13 engineers, architects, land surveyors and, landscape architects and other
14 technical professions attending meetings of such board, or attending a
15 subcommittee meeting thereof authorized by such board, shall be paid
16 compensation, subsistence allowances, mileage and other expenses as
17 provided in K.S.A. 75-3223 and amendments thereto.
18 (c) The board may employ clerical personnel and other assistants all
19 of whom shall be in the classified service under the Kansas civil service
20 act and may make and enter into contracts of employment with such
21 professional personnel as may be necessary, in the board's judgment, for
22 the performance of its duties and functions and the execution of its pow-
23 ers.
24 Sec. 10. K.S.A. 74-7009 is hereby amended to read as follows: 74-
25 7009. (a) The following nonrefundable fees shall be collected by the
26 board:
27 (1) For a an original license, issued upon the basis of an examination
28 given by the board, an application fee in the sum of $25 not more than
29 $200 plus an amount, to be determined by the board, equal to the cost
30 of the respective any examination required by the board in each branch
31 of the technical professions.;
32 (2) for a license by reciprocity under K.S.A. 74-7024 and amendments
33 thereto, an application fee of not more than $500;
34 (3) for a certificate of authorization for a corporation, the sum of not
35 more than $150. $300;
36 (4) for the biennial renewal of a license, the sum of not more than
37 $50. $200; and
38 (5) for the biennial renewal of a certificate of authorization for a cor-
39 poration, the sum of not more than $75 $300.
40 (b) On or before November 15, each year, the board shall determine
41 the amount necessary to administer the provisions of this act for the en-
42 suing calendar year including the amount to be credited to the state gen-
43 eral fund, and shall fix the fees for such year at the sum deemed necessary
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1 for such purposes.
2 (c) The board shall remit all moneys received by or for it from fees,
3 charges or penalties to the state treasurer at least monthly. Upon receipt
4 of each such remittance the state treasurer shall deposit the entire amount
5 thereof in the state treasury. Twenty percent of each such deposit shall
6 be credited to the state general fund and the balance shall be credited to
7 the technical professions fee fund, which fund is hereby created. All ex-
8 penditures from such fund shall be made in accordance with appropria-
9 tion acts upon warrants of the director of accounts and reports issued
10 pursuant to vouchers approved by the chairperson of the board or by a
11 person or persons designated by the chairperson.
12 Sec. 11. K.S.A. 74-7024 is hereby amended to read as follows: 74-
13 7024. (a) Any person who holds a current license or certificate of quali-
14 fication or registration to practice any branch of the technical professions
15 issued by the proper authority in any other state or political subdivision
16 of the United States or in any other country may be exempted from
17 examination for licensure in this state if the requirements under which
18 said such license or certificate was issued are of a standard accepted by
19 the board and if the person's record fully meets the requirements of this
20 state in all respects other than examination. The board may issue, upon
21 application therefor and receipt of payment of the application fee pre-
22 scribed under K.S.A. 74-7009, and amendments thereto, or the fee which
23 would be charged a licensee who is a resident of the state of Kansas
24 applying for licensure or certification in the state in which the applicant
25 for licensure in this state resides, whichever is greater, a license to practice
26 the appropriate technical profession if the proper authority of the state,
27 political subdivision or country from which the applicant holds a license
28 or certificate agrees to accept on an equal basis persons who hold licenses
29 issued by the authority of this state.
30 (b) The board may exempt from examination and may issue upon
31 application therefor and the payment of the application fee prescribed in
32 K.S.A. 74-7009, and amendments thereto, the appropriate license to (1)
33 any engineer who holds a license or certificate of qualification or regis-
34 tration issued by proper authority of the national council of state boards
35 of engineering examiners, or of the national bureau of engineering reg-
36 istration; and (2) any architect who holds a certificate of the national
37 council of architectural registration board or the equivalent thereof, as
38 determined by the board.
39 Sec. 12. K.S.A. 74-7035 is hereby amended to read as follows: 74-
40 7035. The provisions of this act shall not apply to:
41 (a) The practice of any technical profession by a person who is not a
42 resident of and has no established place of business in the state of Kansas,
43 or who has recently become a resident of this state, if such person has
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1 filed with the board an application for a license and has paid the appli-
2 cation fee required by this act. Such person shall be legally qualified by
3 license or registration to practice the profession in such person's own state
4 or country in which the requirements and qualifications for obtaining a
5 license or certificate of registration are not lower than those specified in
6 this act. Such practice shall continue only for such time as the board
7 requires for the consideration of the application for license;
8 (b) (a) The work of an employee or a subordinate of a person holding
9 a license under this act, or an employee of a person practicing lawfully
10 under subsection (a), if such work does not include final designs or de-
11 cisions, responsible charge of design or supervision and is done under the
12 direct responsibility and supervision of a person practicing lawfully under
13 subsection (a) a technical profession;
14 (c) (b) the practice of persons who are not residents of and have not
15 established a place of business in this state, who are acting as consulting
16 associates of persons licensed under the provisions of this act and who
17 are legally qualified for such professional service in such persons' own
18 state or country;
19 (d) (c) the practice of persons who are employees of any person, firm
20 or corporation and who do not offer to the public their services in the
21 technical professions;
22 (e) (d) the practice of any person who is exclusively and regularly
23 employed by one employer only, the employer not being an engineering,
24 architectural or land surveying firm, and the employer not being primarily
25 engaged in the business of conveying an interest in real property, in an
26 employer-employee relationship, in making surveys of land and deter-
27 minations of physical property rights in connection only with the affairs
28 of such employer or its subsidiaries and affiliates and for the uses, pur-
29 poses and benefit of such employer, subsidiaries and affiliates, only;
30 (f) a nonresident person who holds a license or certificate of regis-
31 tration to practice the technical professions in another state and whose
32 practice in this state is limited to agreeing to perform or holding the
33 person's self out as able to perform a technical profession, if the person
34 notifies the board in writing before engaging in such practice and does
35 not engage in such practice for more than 30 days. If, within that time,
36 the person applies for licensure to practice the technical professions in
37 this state, the person may practice in this state to the extent permitted
38 by subsection (a);
39 (g) (e) a plumbing contractor, master plumber or journeyman
40 plumber licensed under the provisions of K.S.A. 12-1508 et seq., and
41 amendments thereto, while performing the work such plumber is au-
42 thorized to perform pursuant to such license; or
43 (h) (f) an electrical contractor, master electrician, journeyman, elec-
HB 2509--Am. by H on FA

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1 trician or residential electrician licensed under the provisions of K.S.A.
2 12-1525 et seq., and amendments thereto, while performing the work
3 such electrician is authorized to perform pursuant to such license.
4 (i) (g) For purposes of this act, public officers and employees who,
5 within the scope of their employment and in the discharge of their public
6 duties, provide information pertinent to or review the sufficiency of tech-
7 nical submissions, or who inspect property or buildings for compliance
8 with requirements safeguarding life, health or property, are not engaged
9 in the practice of the technical professions.
10 Sec. 13. K.S.A. 74-7036 is hereby amended to read as follows: 74-
11 7036. (a) The practice of or offer to practice a technical profession by an
12 individual licensed to practice the technical professions through a cor-
13 poration as an officer, employee or agent of such corporation is authorized
14 as provided under this section if:
15 (1) One or more of the corporate officers of such corporation is des-
16 ignated as responsible for the activities and decisions relating to the prac-
17 tice of such technical profession and is licensed to practice such technical
18 profession by the state board of technical professions professional engi-
19 neers, architects, land surveyors and, landscape architects and other
20 technical professions and is a regular employee of and active participant
21 in the corporation;
22 (2) all personnel of such corporation who act in its behalf in the prac-
23 tice of such technical profession are licensed to practice such technical
24 profession by the state board of technical professions professional engi-
25 neers, architects, land surveyors and, landscape architects and other
26 technical professions or are persons lawfully practicing under K.S.A.
27 74-7031 through 74-7035, and amendments thereto, or are exempt from
28 examination for licensure in this state under K.S.A. 74-7024 and amend-
29 ments thereto; and
30 (3) such corporation has been issued a certificate of authorization by
31 the state board of technical professions professional engineers, architects,
32 land surveyors and, landscape architects and other technical profes-
33 sions.
34 (b) A corporation may apply to the state board of technical profes-
35 sions professional engineers, architects, land surveyors and, landscape
36 architects and other technical professions for a certificate of authori-
37 zation, upon a form prescribed and furnished by the board, listing the
38 names and addresses of all officers and members of the board of the
39 corporation and also of an individual or individuals licensed to practice a
40 branch of the technical professions who will be responsible for the prac-
41 tice of such branch of the technical professions in this state through such
42 corporation, and such other information as may be required by the state
43 board of technical professions professional engineers, architects, land sur-
HB 2509--Am. by H on FA

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1 veyors and, landscape architects and other technical professions. The
2 application for a certificate of authorization shall be accompanied by an
3 application fee fixed by the board under K.S.A. 74-7009 and amendments
4 thereto. The biennial renewal fee fixed by the board under K.S.A. 74-
5 7009 and amendments thereto shall be accompanied by the same form
6 providing current information. In the event of a change of any officer of
7 such corporation or a change of any member of the board, such change
8 shall be designated on such form and filed with the board within 30 days
9 after the effective date of such change.
10 (c) If the state board of technical professions professional engineers,
11 architects, land surveyors and, landscape architects and other technical
12 professions finds that such corporation is in compliance with all of the
13 requirements of this section, the board shall issue a certificate of author-
14 ization to such corporation designating the branch or branches of the
15 technical professions for which such corporation is authorized to provide
16 services. A corporation to which a certificate of authorization has been
17 issued is hereby authorized to provide services in the branch or branches
18 of the technical professions for which such corporation is authorized to
19 provide services under such certificate of authorization.
20 (d) No corporation issued a certificate of authorization under this
21 section shall be relieved of responsibility for the conduct or acts of its
22 agents, employees or officers by reason of its compliance with the pro-
23 visions of this section, nor shall any individual practicing a branch of the
24 technical professions be relieved of responsibility and liability for services
25 performed by reason of employment or relationship with such corpora-
26 tion. The requirements of this section shall not affect a corporation and
27 its employees in performing services included within the term ``technical
28 professions'' solely for the benefit of such corporation or subsidiary or
29 affiliated corporations. Nothing in this section shall exempt any corpo-
30 ration from the provisions of any other law applicable thereto.
31 Sec. 14. K.S.A. 74-7037 is hereby amended to read as follows: 74-
32 7037. The state board of technical professions professional engineers, ar-
33 chitects, land surveyors and, landscape architects and other technical
34 professions shall adopt rules and regulations prescribing minimum stan-
35 dards for boundary surveys, mortgage title inspection, American land title
36 association surveys, and such other surveys as necessary to control the
37 quality of surveying in the state of Kansas.
38 Sec. 15. K.S.A. 74-7039 is hereby amended to read as follows: 74-
39 7039. (a) The state board of technical professions professional engineers,
40 architects, land surveyors and, landscape architects and other technical
41 professions, in addition to any other penalty prescribed under the act
42 governing the technical professions, may assess civil fines and costs, in-
43 cluding attorney fees, after proper notice and an opportunity to be heard,
HB 2509--Am. by H on FA

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1 against any person or entity for a violation of the statutes, rules and reg-
2 ulations or orders enforceable by the board in an amount not to exceed
3 $5,000 for the first violation, $10,000 for the second violation and $15,000
4 for the third violation and for each subsequent violation. All civil fines
5 assessed and collected under this section shall be remitted to the state
6 treasurer at least monthly and shall be deposited in the state treasury and
7 credited to the state general fund. All costs assessed under this section
8 shall be remitted to the state treasurer at least monthly and shall be
9 deposited in the state treasury and credited to the technical professions
10 fee fund.
11 (b) In determining the amount of penalty to be assessed pursuant to
12 this section, the board may consider the following factors among others:
13 (1) Willfulness of the violation;
14 (2) repetitions of the violation; and
15 (3) magnitude of the risk of harm caused by the violation.
16 Sec. 16. K.S.A. 1996 Supp. 75-1251 is hereby amended to read as
17 follows: 75-1251. As used in K.S.A. 75-1250 through 75-1267, and amend-
18 ments thereto, unless the context otherwise requires:
19 (a) ``Firm'' means such individual, firm, partnership, corporation, as-
20 sociation, or other legal entity which is:
21 (1) Permitted by law to practice the profession of architecture; and
22 (2) maintaining an office in Kansas staffed by one or more architects
23 who are licensed by the state board of technical professions professional
24 engineers, architects, land surveyors and, landscape architects and other
25 technical professions; or
26 (3) not maintaining an office in Kansas but which is qualified to per-
27 form special architectural services that are required in special cases where
28 in the judgment of the secretary of administration it is necessary to go
29 outside the state to obtain such services.
30 (b) ``Negotiating committee'' means a committee to negotiate as pro-
31 vided in this act, and consisting of (1) the head of the state agency for
32 which the proposed project is planned or of the state agency which con-
33 trols and supervises the operation and management of the institution for
34 which the proposed project is planned, if such is the case, or a person
35 designated by the head of the agency, (2) the head of the institution for
36 which the proposed project is planned, or a person designated by the
37 head of the institution, and (3) the director of the division of architectural
38 services, or a person designated by the director, who shall act as chair-
39 person of the committee. When the proposed project is not planned for
40 an institution, the state agency head shall designate a second person in
41 lieu of the head of an institution.
42 (c) ``Architectural services'' means those services described in sub-
43 section (e) of K.S.A. 74-7003, and amendments thereto.
HB 2509--Am. by H on FA

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1 (d) ``Project architect'' means a firm employed under this act for a
2 particular project.
3 (e) ``State building advisory commission'' means the state building
4 advisory commission created by K.S.A. 75-3780, and amendments
5 thereto, or any duly authorized officer or employee of such commission.
6 (f) ``State agency'' includes any state institution.
7 Sec. 17. K.S.A. 1996 Supp. 75-3717 is hereby amended to read as
8 follows: 75-3717. (a) As provided in this section, each state agency, not
9 later than October 1 of each year, shall file with the division of the budget
10 its budget estimates for the next fiscal year, and all amendments and
11 revisions thereof, except that, in lieu of such annual filing, each agency
12 listed in subsection (g) (f), not later than October 1, 1994, and every two
13 years thereafter, shall file budget estimates for the next fiscal year and
14 for the ensuing fiscal year thereafter. Each agency listed in subsection (g)
15 (f) may file adjustments to such agency's budget that was approved by
16 the legislature during a prior fiscal year. All such budget estimates shall
17 be in the form provided by the director of the budget. Each agency's
18 budget estimates shall include:
19 (1) A full explanation of the agency's request for any appropriations
20 for the expansion of present services or the addition of new activities,
21 including an estimate of the anticipated expenditures for the next fiscal
22 year and for each of the three ensuing fiscal years which would be re-
23 quired to support each expansion of present services or addition of new
24 services as requested by the state agency; and
25 (2) a listing of all programs of the agency that provide services for
26 children and their families and the following information regarding each
27 such program: Of the amount of the agency's request for appropriations
28 to fund the program, that amount which will be spent on services for
29 children or families with children and the number of children or families
30 with children who are served by the program.
31 (b) At the same time as each state agency submits to the division of
32 the budget a copy of its budget estimate, and all amendments and revi-
33 sions thereof, each such state agency shall submit a copy of such estimate,
34 and all amendments and revisions thereof, directly to the legislative re-
35 search department for legislative use.
36 (c) The director of the budget shall require the agencies to submit a
37 sufficient number of copies of their budget estimates, and all amendments
38 and revisions thereof, to the director's office to satisfy the requirements
39 of such office and one additional copy for legislative use which shall be
40 retained in the division of the budget until the budget of the governor is
41 submitted to the legislature. On or before the day that such budget is
42 submitted to the legislature such legislative use copy, posted to reflect
43 the governor's budget recommendations, shall be submitted to the leg-
HB 2509--Am. by H on FA

18

1 islative research department for use by the ways and means committee
2 of the senate and the committee on appropriations of the house of rep-
3 resentatives. Following presentation of the governor's budget report to
4 the legislature, the legislative research department may request and shall
5 receive detailed information from the division of the budget on the gov-
6 ernor's budget recommendations.
7 (d) The director of the budget may prepare budget estimates for any
8 state agency failing to file a request.
9 (e) As used in this section, ``services for children and their families''
10 includes but is not limited to any of the following services, whether pro-
11 vided directly or made accessible through subsidies or other payments:
12 (1) Financial support for children and families with children or en-
13 forcement of the obligation to support a child or a family with one or
14 more children;
15 (2) prenatal care, health care for children or immunizations for chil-
16 dren;
17 (3) mental health or retardation services for children;
18 (4) nutrition for children or families with children or nutritional coun-
19 seling or supplements for pregnant or nursing women;
20 (5) child care, early childhood education or parenting education;
21 (6) licensure or regulation of child care or early childhood education
22 programs;
23 (7) treatment, counseling or other services to preserve families;
24 (8) care, treatment, placement or adoption of children without func-
25 tioning families;
26 (9) services to prevent child abuse and to treat and protect child
27 abuse victims;
28 (10) services for children who are pregnant, substance abusers or oth-
29 erwise involved in high risk behavior;
30 (11) services related to court proceedings involving children; and
31 (12) youth employment services.
32 (f) On a biennial basis, the following state agencies shall file budget
33 estimates under the provisions of subsection (a): Abstracters' board of
34 examiners, behavioral sciences regulatory board, board of accountancy,
35 board of examiners in optometry, board of nursing, consumer credit com-
36 missioner, Kansas board of barbering, Kansas board of examiners in fitting
37 and dispensing of hearing aids, Kansas dental board, Kansas real estate
38 commission, Kansas state board of cosmetology, office of the securities
39 commissioner of Kansas, real estate appraisal board, state bank commis-
40 sioner, state board of healing arts, state board of mortuary arts, state board
41 of pharmacy, state board of technical professions professional engineers,
42 architects, land surveyors and, landscape architects and other technical
43 professions, state board of veterinary examiners and state department
HB 2509--Am. by H on FA

19

1 of credit unions.
2 Sec. 18. K.S.A. 12-1511, 12-1528, 12-1544, 31-150, 58-1314, 74-
3 7008, 74-7009, 74-7024, 74-7035, 74-7036, 74-7037 and 74-7039 and
4 K.S.A. 1996 Supp. 44-508, 74-7003, 74-7004, 75-1251 and 75-3717 are
5 hereby repealed.
6 [Section 1. K.S.A. 1996 Supp. 65-6703 is hereby amended to
7 read as follows: 65-6703. (a) No person shall perform or induce an
8 abortion when the fetus is viable unless such person is a physician
9 and has a documented referral from another physician not finan-
10 cially associated with the physician performing or inducing the
11 abortion and both physicians determine that: (1) The abortion is
12 necessary to preserve the life of the pregnant woman; or (2) the fetus
13 is affected by a severe or life-threatening deformity or abnormality.
14 [(b) (1) No person shall perform or induce a partial birth abortion
15 unless the abortion is necessary to: (A) Preserve the life of the pregnant
16 woman; or (B) prevent the serious risk of substantial and irreversible
17 impairment of a major bodily function of the pregnant woman.
18 [(2) As used in this subsection, ``partial birth abortion'' means: An
19 abortion containing the following elements: (i) Dilatation of the cervix;
20 (ii) breech or feet-first extraction of the body except the head; and (iii)
21 evacuation of any or all of the intracranial contents of the fetus to effect
22 vaginal delivery of the fetus.
23 [(3) Nothing in this section shall be construed to create a right to an
24 abortion. Notwithstanding any provision of this section, a person shall
25 not perform an abortion that is prohibited by law.
26 [(c) If any provision of this section is held to be invalid or unconsti-
27 tutional, it shall be presumed conclusively that the legislature would have
28 enacted the remainder of this section without such invalid or unconsti-
29 tutional provision.
30 [(b) (d) Violation of this section is a class A person misdemeanor.
31 [Sec. 2. K.S.A. 1996 Supp. 65-6703 is hereby repealed.]
32 [Section. 1. K.S.A. 65-6701 is hereby amended to read as fol-
33 lows: 65-6701. As used in this act:
34 [(a) ``Abortion'' means the use of any means to intentionally
35 terminate a pregnancy except for the purpose of causing a live
36 birth. Abortion does not include: (1) The use of any drug or device
37 that inhibits or prevents ovulation, fertilization or the implantation
38 of an embryo; or (2) disposition of the product of in vitro fertili-
39 zation prior to implantation.
40 [(b) ``Counselor'' means a person who is: (1) Licensed to prac-
41 tice medicine and surgery; (2) licensed to practice psychology; (3)
42 licensed to practice professional or practical nursing; (4) regis-
43 tered to practice professional counseling; (5) licensed as a social
HB 2509--Am. by H on FA

20

1 worker; (6) the holder of a master's or doctor's degree from an
2 accredited graduate school of social work; (7) registered to prac-
3 tice marriage and family therapy; (8) a registered physician's as-
4 sistant; or (9) a currently ordained member of the clergy or relig-
5 ious authority of any religious denomination or society. Counselor
6 does not include the physician who performs or induces the abor-
7 tion or a physician or other person who assists in performing or
8 inducing the abortion.
9 [(c) ``Minor'' means a person less than 18 years of age.
10 [(d) ``Physician'' means a person licensed to practice medicine
11 and surgery in this state.
12 [(e) ``Severe or life-threatening deformity or abnormality'' means a
13 condition in which, in the best medical judgment of the attending physi-
14 cian, the fetus is incapable of sustained survival outside the uterus without
15 the application of extraordinary medical means.
16 [(e) (f) ``Unemancipated minor'' means any minor who has
17 never been: (1) Married; or (2) freed, by court order or otherwise,
18 from the care, custody and control of the minor's parents.
19 [(f) (g) ``Viable'' means that stage of gestation when, in the best
20 medical judgment of the attending physician, the fetus is capable
21 of sustained survival outside the uterus without the application of
22 extraordinary medical means.
23 [Sec. 2. K.S.A. 1996 Supp. 65-6703 is hereby amended to read
24 as follows: 65-6703. (a) No person shall perform or induce an abor-
25 tion when the fetus is viable or when the gestational age of the fetus is
26 24 or more weeks unless such person is a physician and has a doc-
27 umented referral from another physician not financially associated
28 with the physician performing or inducing the abortion and both
29 physicians determine that: (1) The the abortion is necessary to pre-
30 serve: (1) Preserve the life of the pregnant woman; or (2) the fetus
31 is affected by a severe or life-threatening deformity or abnormal-
32 ity; or (3) prevent the serious risk of substantial and irreversible impair-
33 ment of a major bodily function of the pregnant woman.
34 [(b) Violation of this section is a class A person misdemeanor.
35 [Whenever an abortion has been performed on a fetus which is viable
36 or when the gestational age of the fetus is 24 or more weeks, the remains
37 of such fetus shall be delivered to the office of the coroner of the district
38 in which such abortion was performed. A qualified pathologist as may be
39 designated by the coroner shall perform an autopsy on the remains to
40 determine the gestational age of the fetus and whether such abortion has
41 been performed in compliance with the provisions of law. A report of such
42 autopsy shall be transmitted to the secretary of health and environment.
43 Such information and report shall be subject to the confidentiality require-
HB 2509--Am. by H on FA

21

1 ments prescribed by K.S.A. 65-445, and amendments thereto, except for
2 the purposes of investigations of violations of K.S.A. 65-6701 et seq., and
3 amendments thereto.
4 [(b) (1) No person shall perform or induce a partial birth abortion
5 unless such person is a physician and has a documented referral from
6 another physician not financially associated with the physician perform-
7 ing or inducing the abortion and both physicians determine that the abor-
8 tion is necessary to preserve the life of the pregnant woman.
9 [(2) As used in this section, partial birth abortion means an abortion
10 in which the fetus is partially delivered vaginally and then intentionally
11 killed before completing the delivery.
12 [(c) A woman upon whom an abortion is performed shall not be pros-
13 ecuted under this section for conspiracy to violate this section pursuant
14 to K.S.A. 21-3302, and amendments thereto.
15 [(d) Nothing in this section shall be construed to create a right to an
16 abortion. Notwithstanding any provision of this section, a person shall
17 not perform an abortion that is prohibited by law.
18 [(e) Upon a first conviction of a violation of this section, a person shall
19 be guilty of a class A person misdemeanor. Upon a second or subsequent
20 conviction of a violation of this section, a person shall be guilty of a se-
21 verity level 10, person felony.
22 [(f) If any provision of this section is held to be invalid or unconsti-
23 tutional, it shall be presumed conclusively that the legislature would have
24 enacted the remainder of this section without such invalid or unconsti-
25 tutional provision.
26 [Sec. 3. K.S.A. 65-6701 and K.S.A. 1996 Supp. 65-6703 are
27 hereby repealed.]
28 Sec. 19 [3] [4]. This act shall take effect and be in force from and
29 after its publication in the statute book.